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Hey everyone!

 

 

 

 

In September 2015 I'm moving from the UK over to Sydney for 1 year to experience the country, but also to expand our UK based Digital Marketing Agency in Australia.

 

 

Currently we run everything in the UK, with several online stores and many UK based clients whom we work for.

 

 

My question is whether there's any restrictions to setup a Business in Australia, seeing as I'm on a 1 year working Visa. Also whether there are any extra difficulties when compared with setting up a Ltd company in the UK, or if you have any helpful advice.

 

 

Primarily our business is B2B, but we also have several consumer based products we wish to launch in Australia.

 

 

Appreciate any advice or guidance!

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There is no such thing as a "working visa". What do you actually mean? Have you got some sponsorship or do you mean the working holiday visa? Funny how so many seem to forget the holiday bit! The trouble with the WHV in your scenario, is that you cannot spend more than six months working with one company.

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I read this earlier but didn't have time to reply and like Pumpkin I was wondering if you meant a working holiday visa - if so to the best of my knowledge you are not allowed to start a business. You would need a business visa.

 

What will happen to your UK clients? Do you intend to keep working for them from Australia? Your're going to need a good tax accountant that's for sure, it may be worth a chat with @alan Collett ​on both matters.

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Thanks, really appreciate both of your input.

 

i should have made things clearer. So I'm the director of the company here in London. We'd still be running the UK business, but I intend to move to sydney for 1 year. Both for personal and business reasons.

 

during this time I wish to expand the business and focus on the Australian market.

 

So really my question is which visa would best apply to me, and also would there be any issues with a non-resident setting up a branch of our company in Australia for the duration of my visit. Whether it's a Ltd company or not.

 

thanks again for your time!

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Thanks, really appreciate both of your input.

 

i should have made things clearer. So I'm the director of the company here in London. We'd still be running the UK business, but I intend to move to sydney for 1 year. Both for personal and business reasons.

 

during this time I wish to expand the business and focus on the Australian market.

 

So really my question is which visa would best apply to me, and also would there be any issues with a non-resident setting up a branch of our company in Australia for the duration of my visit. Whether it's a Ltd company or not.

 

thanks again for your time!

 

You haven't clarified what visa you intend to move to Sydney on, it does make a difference and there is no such thing as a "working visa" as mentioned above. Again, if you mean working holiday visa, then I would say no, it is not a suitable visa to attempt this on.

 

What you are trying to do is in fact quite complex and probably needs professional help rather than the joint input of lay people on a forum.

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A 457 visa may be an option for you, as it does cover situations where an overseas business employs someone to establish a business in Australia. However this (I believe) is quite complex so you'd need to work with a migration agent from both the business (sponsor) and applicant (employee) perspective. The 457 visa would let you remain in Australia up to 4 years.

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Most people who want to set up business here come on business visas which are expensive and the business has to employ so many people etc. You appear to not have a small business so you may fall into this category.


Petals

:ssign15:taking no prisoners :wink:

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Hello Robert.

 

A subclass 457 employer sponsored visa is likely to be the most appropriate visa for you, as a working holiday visa only permits you to work for any one employer for a maximum of 6 months.

 

You can use the UK limited company as the business sponsor, or you can set up a new company in Australia - but there are consequences of each approach, particularly if you are minded to seek permanent residency in due course.

 

Note that using the UK company would generate a 457 visa with a 4 year validity, while using a new Aus Pty Limited would give rise to a 457 visa valid for 12 months initially (it could be renewed, so long as you had met training expenditure requirements).

 

However, (if you are minded to keep your options open) using the UK company doesn't readily lend itself to a permanent residency visa under the Temporary Residence Transition stream of subclass 186, which is the usual pathway to p/r for 457 visa holders: there are uncertainties in the migration legislation which mean that being sponsored by an Aus Pty Limited is a lower risk strategy.

 

Re the branch versus new Pty Limited question, see

Overseas Businesses Setting Up in Australia - Choices of Business Structure

at http://www.gmtax.com.au/tax-factsheets/

 

Feel able to send a PM or email to me (click on my name to the left of this post) if you'd like to explore this more fully - or see GM Business at http://www.gmvisas.com/

 

Best regards.

Edited by Alan Collett

Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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